Attachment 6 - Clauses and Provisions.pdf

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Attachment 6 : Clauses and Provisions

ADDENDUM TO FAR CLAUSE 52.212-4;

(w) Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance.

The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative (COR) and the Contracting Officer. The Contracting Officer will forward the report to the Contractor for comments. In the case of a contract with option years, interim reports will be completed.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104.

Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

(x) Economic Price Adjustment (EPA) Clause – Fuel

(1) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for fuel which adjustments are provided under this clause.

(2) A portion of the unit prices for the following Contract Line Items (CLINs) are subject to the EPA for fuel.

Note: Base Period CLINs 0001AA – 0002AF are not subject to an EPA Option Period One CLINs 1001AA – 1002AF Option Period Two CLINs 2001AA – 2002AF Option Period Three CLINs 3001AA – 3002AF Option Period Four CLINs 4001AA – 4002AF

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Iron and Fuel, Series ID WPU057303, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index by March; provided, that if the BLS designated a Producer Price Index with a new title and/or code number as being continuous with the original Index, the new Producer Price Index shall be used. Unless the parties agree otherwise, the substitute Producer Price Index shall be a fuel related Producer Price Index which is calculated in such a manner and is based on such factors as would cause it to most closely track the original Index.

(4) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

(5) Beginning at the end of the Base Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for any affected performance periods. No upward adjustment, for the next affected performance periods, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(6) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the exercise of each Option Period of the contract, based on the percentage change (up or down) of the Index.

(A) Base Period CLIN unit prices are not subject to an EPA adjustment

(B) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1 and 2. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for January, February, March 2026

(ii) Average Index for January, February, March 2027

(C) If applicable, EPA 2 Adjustment will be made before Option Period Two is exercised and will affect the CLIN unit prices of Option Periods 2 - 4. The EPA 2 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for January, February, March 2027

(ii) Average Index for January, February, March 2028

(D) If applicable, EPA 3 Adjustment will be made before Option Period Three is exercised and will affect the CLIN unit prices of Option Periods 3 - 4. The EPA 3 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for January, February, March 2028

(ii) Average Index for January, February, March 2029

(E) If applicable, EPA 4 Adjustment will be made before Option Period Four is exercised and will affect the CLIN unit prices of Option Period 4. The EPA 4 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for January, February, March 2029

(ii) Average Index for January, February, March 2030

(7) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

If preliminary or final data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

(8) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted unit price for subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

(A) The following calculation methodology will be used to determine if a price adjustment is required before Option Period One is exercised (EPA 1 Adjustment).

(i) Calculate average index for January, February, March 2026 rounded up to four Decimal places.

(ii) Calculate average index for January, February, March 2027 rounded up to four decimal places.

(iii) Calculate index percent change rounded up to four decimal places.

(iv) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

(v) Calculate revised CLIN unit prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 - 4.

(9) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations which might be made to determine the annual adjusted selling unit prices for fuel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

*Portion of unit price not subject to the EPA has been escalated by 5% per year by the contractor.

**Portion of unit price subject to EPA is not subject to escalation by the contractor since escalation is included in the index.

(A) Base Period CLIN Unit Prices are not subject to an EPA Adjustment

(B) EPA 1 Adjustment – Sample Calculations (Completed before Option Period One is exercised):

(i) CLIN 0001AA Awarded Unit Price: $5,000.00

Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 2001AA Awarded Unit Price: $5,052.00 Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for March, April and May 2021: 202.1000

(iv) Average Index for March, April, and May 2022: 223.2333

(v) Index Percent Change: (223.2333 - 202.1000) / 202.1000) X 100 = 10.4569%

(vi) Amount of adjustment: $3,500 X .104569 = $365.99 (Rounded to the nearest cent)

Period of Performance

CLIN

Awarded Unit Price

Portion of Unit Price not subject to

EPA

Portion of Unit Price subject to

EPA

Base Period 0001AA $400 N/A N/A Option Period 1 1001AA $400 $375.00* $25** Option Period 2 2001AA $420 $395.00* $25** Option Period 3 3001AA $440 $415.00* $25** Option Period 4 4001AA $460 $435.00* $25**

(vii) Adjusted CLIN 1001AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2001AA Unit Price: $5,052.00 + $365.99 = $5,417.99 (Adjusted Portion of CLIN 2001AA subject to EPA: $3,500 + $365.99 = $3,865.99)

(C) EPA 2 Adjustment – Sample Calculations (Completed before Option Period Two is exercised):

(i) CLIN 2001AA Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

Portion of CLIN 2001AA subject to EPA: $3,865.99 (See paragraph (j) (2) (viii)

(ii) Average Index for March, April, and May 2022: 223.2333

(iii) Average Index for March, April, and May 2023: 235.3950

(iv) Index Percent Change: (235.3950 - 223.2333) / 223.2333) X 100 = 5.4480%

(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2001AA Unit Price: $5,417.99 + $210.62 = $5,628.61

Table 2 - Sample EPA Calculations (EPA Adjustments 1 - 4)

(10) Any dispute arising under this clause shall be determined in accordance with and subject to the Dispute clause of the contract.

(11) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in FAR Subpart 4.7, whichever is earlier.

(End of Clause)

FAR Clause 52.217-9: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

FAR CLAUSE 52.216-18: ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award to the last day of the contract end date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

CLIN Awarded Unit Price

EPA 1

Adjustment

Amount

New Unit Price with EPA 1 Adjustment

EPA 2

Adjustment

Amount

New Unit Price with EPA 2 Adjustment

0001AA $4,950 N/A N/A N/A N/A

1001AA $5,000 $365.99 $5,365.99 N/A N/A

2001AA $5,052 $365.99 $5,417.99 $210.62 $5,628.61

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR CLAUSE 52.216-19: ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00.

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 calendar days.

FAR Clause 52.252-2: Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of FAR clauses may be accessed electronically at:

https://www.acquisition.gov/browse/index/far The full text of HSAR Clauses may be accessed electronically at: https://www.acquisition.gov/hsar

FAR CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government, with Alternate I JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) JAN 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services NOV 2023

52.219-9 Small Business Subcontracting Plan JAN 2025 52.222-3 Convict Labor JUN 2023 52.222-19 Child Labor-Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition of Segregated Facilities AUG 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2025 52.225-1 Buy American-Supplies OCT 2022 52.225-5 Trade Agreements NOV 2023 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.240-91 Security Prohibitions and Exclusions (Alt I) DEC 2025 52.242-5 Payments to Small Business Subcontractors JAN 2017

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR CLAUSE 3052.212-70: Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (JUL 2023).

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

3052.216-70, Evaluation of Offers Subject to An Economic Price Adjustment Clause.

3052.219-72, Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

3052.247.70, F.o.B. Origin Information.

Alternate I Alternate II

3052.247.71, F.o.B. Origin Only.

3052.247.72, F.o.B. Destination Only.

(b) Clauses.

3052.203-70, Instructions for Contractor Disclosure of Violations.

3052.204-71, Contractor Employee Access.

Alternate I Alternate II

3052.204-72, Safeguarding Controlled Unclassified Information Alternate I

3052.204-73, Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents

3052.205-70, Advertisement, Publicizing Awards, and Releases.

Alternate I

3052.209-72, Organizational Conflicts of Interest.

3052.209-73, Limitation on Future Contracting.

3052.215-70, Key Personnel or Facilities.

3052.216-71, Determination of Award Fee.

3052.216-72, Performance Evaluation Plan.

3052.216-73, Distribution of Award Fee.

3052.217-91, Performance. (USCG) 3052.217-92, Inspection and Manner of Doing Work. (USCG) 3052.217-93, Subcontracts. (USCG) 3052.217-94, Lay Days. (USCG)

3052.217-95, Liability and Insurance. (USCG) 3052.217-96, Title. (USCG) 3052.217-97, Discharge of Liens. (USCG) 3052.217-98, Delays. (USCG) 3052.217-99, Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 3052.217-100, Guarantee. (USCG) 3052.219-71, DHS Mentor Protégé Program.

3052.228-70, Insurance.

3052.228-90, Notification of Miller Act Payment Bond Protection. (USCG) 3052.228-91, Loss of or Damage to Leased Aircraft. (USCG) 3052.228-92, Fair Market Value of Aircraft. (USCG) 3052.228-93, Risk and Indemnities. (USCG) 3052.236-70, Special Provisions for Work at Operating Airports.

3052.242-72, Contracting Officer’s Representative.

3052.249-90, Contract Termination (USCG).

Section V: Solicitation Provisions

FAR PROVISION 52.212-1: INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023).

(a) North American Industry Classification System (NAICS) code and Small Business Size Standard. The NAICS code and business size standard for this acquisition appear in paragraph 1.c. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of Offers. – Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, offerors must follow the instructions below (see (1) – (4) below) –

(1) Offer. Offerors are required to submit all of the documents and information listed below [(i) – (iii)] to be eligible for award. Each Section/Volume shall be a separate document. Prices shall be submitted on Attachment 1 (for all periods). Incomplete information or errors could make an Offeror ineligible for award.

(i) Price Section/Volume – Schedule of Supplies/Services. Offerors shall submit the following with their offer:

Solicitation Instructions

(A) Blocks 12, 17(a), and

30(a-c) Page 1 Complete Blocks 12, 17(a), and 30(a-c), on page 1, including the signature of an authorized official of the offeror.

(B) “Schedule of Supplies/Services”

Attachment

Complete all pricing for each CLIN. For example, a proposal for CLIN 0001 requires a unit and total price for 0001AA, AB along with pricing for each option period as shown in the “Schedule of Supplies/Services. In addition, complete the “Subtotal” block at the end of each year and the “Total Contract Amount” block at the end of the schedule. (Please double check your calculations)

(C) HSAR Provision 3052.209-70

Pg. 15 Complete paragraph (f) of the HSAR Clause, Prohibition on Contracts with Corporate Expatriates.

(ii) Technical Section/Volume. Offerors shall submit a Technical Section that includes the following information with their offer:

Documents/Information Instructions

(1) Technical Approach to the Requirement

Offeror shall address the following:

a. The offeror shall provide a detailed step-by-step description of their existing fabrication/assembly process that addresses the Performance Requirements of Section 3 of the Specification

506.4 - Optical Performance (Section 3.1) Power and Control Systems (Section 3.2) Service Life and Maintenance (Section 3.3) Environmental Conditions (Section 3.4) Size and Mass (Section 3.5) Mounting Provision (Section 3.6) Design Tools (Section 3.7) Automated Information System (AIS) Section 3.8)

b. The adequacy of facilities, equipment and transportation which can support manufacturing and delivery operations required for the annual estimated quantities of 1,650 lanterns.

c. Minimum Requirement: The Government will evaluate the offeror’s ability to meet all the requirements/salient characteristics identified in the Statement of Work/Specification as identified in the Technical Section of their offer. Technical approach to the requirement will be rated as to the extent the Offeror can clearly and fully demonstrate that it has a thorough understanding of the requirements and can successfully meet the requirements.

Page Limit: 20

(2) Quality Control Offerors shall address the following:

a. The offeror shall provide a quality control plan that demonstrates and addresses final inspections and packaging, shipping and handling operations as described in Specification 506 Revision 7.

b. Minimum Requirement:

The ability to conduct and maintain quality control procedures throughout the fabrication and assembly process will be evaluated as acceptable or unacceptable based on meeting the requirements stated for the following specific areas:

Quality Assurance Test Plans Testing Reports Conformance Inspections Material Inspections Transportation and Delivery Requirements

Page limit: 15 Note: Do not include prices in the Technical Section. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective offer/Technical Section are not desired. The use of general or vague statements such as “standard procedures will be used” or “good business practices will be used” will be interpreted as evidence of a lack of understanding on the part of the offeror and/or as inability to demonstrate adequate qualifications.

Total Technical Page Limit – 35 pages. The government will not count a Cover Page, Cover Letter, Table of Contents, and/or Acronym List in the page limit(s) above.

Definition of a Page: Each “page” is one single sided 8.5” x 11” sheet. Each page shall have at least one inch margins on all sides and Times New Roman font with a 12 point size type or larger.

Tables/Charts/Graphs: The Times New Roman font with a 12 point size type or larger does not apply to tables, charts, and graphics as long as the font is legible.

(2) Past Performance Section/Volume.

Offerors are responsible for ensuring that Past Performance Questionnaires (PPQs) are completed and submitted on up to three (3) different government (federal, state, or local), private or commercial contracts that have been awarded to the offeror.

Page Limit: 12 (Use the same “Definition of a Page” listed above)

Required Information:

Name of Company or Government entity / Contract Number / Contract Type / Amount / Description of Supply or Service / Point-of-Contact (Name, E-mail Address and Phone Number)

(2) Past Performance Questionnaires. Offerors are responsible for insuring that Past Performance Questionnaires (PPQ) (Attachment 5) are completed and submitted on up to three (3) different government (federal, state, local), private, and/or commercial contracts that have been awarded to the offeror.

Instructions

The Offeror shall send Past Performance Questionnaires to points-of-contact (i.e., past performance evaluators) that have firsthand knowledge of contracts completed within the past 5 years or ongoing and are relevant to this requirement (i.e., the same or similar requirement.)

Only one Past Performance Questionnaire shall be completed per contract and the same person cannot complete more than one Past Performance Questionnaire. (A Past Performance Questionnaire shall not be completed by a point of contact/employee of a prime contractor that your company worked for as a sub-contractor or your company’s parent or sister company.)

Only one Past Performance Questionnaire shall be completed per contract/order.

Who can complete a

PPQ

A point-of-contact (i.e., past performance evaluator) from the government (federal, state, local), private, or commercial entity that has firsthand knowledge of a contract awarded to the offeror shall complete a PPQ. The same person cannot complete more than one Past Performance Questionnaire for an offeror. PPQs shall be completed by the actual customer/end user.

Who cannot complete a

PPQ

The offeror (including any employee / team member of the offeror) cannot complete a PPQ for their company (or their proposed subcontractor/partner) or submit a PPQ to the government on behalf of a past performance evaluator.

A PPQ shall not be completed by a point of contact/employee of a prime contractor that your company worked for as a sub-contractor or your company’s parent, sister, or partner company.

Submission of completed PPQs

Each past performance evaluator shall submit a completed Past Performance Questionnaire (PPQ) directly to the Contract Specialist, by the “Offer Due Date/Local Time”, unless extended by a solicitation amendment.

James Kanash/Ctr, Contract Specialist Email: James.C.kanash@uscg.mil

Arvett Blount/Ctr. Contract Specialist Email: Arvett.L.Blount@uscg.mil

(3) Solicitation Amendments. If applicable, Offerors shall acknowledge all Solicitation Amendments. Offerors shall complete Blocks 8 and 15(a-c) on all Solicitation Amendments (SF-30) issued by the Government and submit with their offer. Solicitation Amendments will be posted on the beta.Sam.gov website for all potential offerors to view.

(4) How to Submit Offers. Submission of your offer (all the documents and information listed in subparagraph (b)(1)) “Offer” is authorized via e-mail only; your offer shall be received before the exact date and time specified in this solicitation. Do not submit offers via document sharing websites.

E-Mail Address* James.C.Kanash@uscg.mil Arvett.L.Blount@uscg.mil

(c) Period for Acceptance of Offers. – Tailored The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(i) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(l) Submission of Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3).

It is the Department of Homeland Security’s policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offeror is obtained as a result of this solicitation, the offeror may be required to submit either Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

FAR PROVISION 52.252-1: SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998).

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

The full text of FAR Provisions may be accessed electronically at this address: https://www.acquisition.gov/ The full text of HSAR Provisions may be accessed electronically at this address:

https://www.acquisition.gov/hsar

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-7 System for Award Management OCT 2018 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations –

Representation

NOV 2015

FAR 52.209-7 Information Regarding Responsibility Matters OCT 2018

FAR 52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016

FAR 52.214-35 Submission of Offers in U.S. Currency APR 1991

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications DEC 2025

(End of Provision)

End Addendum to FAR Provision 52.212-1

FAR PROVISION 52.212-2: EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Lowest Price Technically Acceptable (LPTA): Only the lowest priced offer will be evaluated on an acceptable/unacceptable basis for technical approach to the requirement and past performance. If the lowest priced offer is found to be unacceptable in technical approach to the requirement, then the next lowest priced offer will be evaluated. This process will continue until an offer is identified that has been evaluated as acceptable in both the technical approach to the requirement and past performance factors; therefore all offers may not be evaluated. FAR 15.101-2 applies.

The evaluators will evaluate the offers received in response to Request for Quote (RFQ) 70Z08426QWOPL0007 for Light Emitting Diode (LED) Lanterns using the following evaluation factors:

Factor 1 – Technical Approach to the Requirement Factor 2 – Quality Control Factor 3 – Past Performance

Factor 4 – Price

RATING SCALE FOR TECHNICAL

RATING DEFINITION

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

RATING SCALE FOR PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s past performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.

Neutral Contractor has no recent and relevant past performance.

(b) Past Performance: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the Neutral rating indicates that the offeror may not be evaluated favorably or unfavorably on past performance.

(c) Options: The Government will evaluate offers for award purposes by adding the total prices for all options to the total price for the basic requirements. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR PROVISION 52.216-1 - Type of Contract (APR 1984).

The Government contemplates award of an Indefinite Delivery Requirements contract resulting from this solicitation.

(End of Provision)

FAR PROVISION 52.233-2: Service of Protest (SEPT 2006).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

DHS

U.S. Coast Guard

LOG 95 COCO

Attn: Courtney Baker-Williams, Contracting Officer - Protest 300 East Main Street, Suite 965 Norfolk VA 23510-9112

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(End of Provision)

HSAR Provision 3052.209-70: Prohibition on Contracts with Corporate Expatriates (JUN 2006).

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

“Expanded Affiliated Group” means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

“Foreign Incorporated Entity” means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

“Inverted Domestic Corporation”. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

“Person, domestic, and foreign” have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.